| Case ID |
fff62246-2078-4487-95fc-1e781cdfde6e |
| Body |
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| Case Number |
Civil Appeal No.37 of 2011 |
| Decision Date |
Sep 27, 2013 |
| Hearing Date |
Sep 10, 2013 |
| Decision |
The appeal was dismissed as the appellant failed to prove entitlement to the discretionary relief of specific performance. The trial and appellate courts found no error in the impugned decision, and the evidence did not support the appellant's claims. The court emphasized that specific performance is a discretionary relief and not a right, even when a contract is proven. The appellant could not demonstrate any legal error warranting interference. |
| Summary |
In the case of Abdul Aziz vs. Muhammad Nasir and others, the Sindh High Court deliberated on a suit for specific performance of a contract under the Specific Relief Act. The appellant, Abdul Aziz, sought to enforce a contract for the sale of land, but the trial court and appellate court both ruled against him. The key issue was whether the land sale agreement was valid and enforceable. Despite the appellant's arguments, the court found that the evidence did not support his claims. Notably, the court highlighted the discretionary nature of specific performance, which cannot be claimed as a matter of right. The appellant's failure to prove the contract and the lack of any error in law led to the dismissal of the appeal. Keywords: specific performance, contract enforcement, discretionary relief, Sindh High Court, legal evidence. |
| Court |
Sindh High Court
|
| Entities Involved |
State
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, J
|
| Lawyers |
Syed Kamran Ali,
Muhammad Saleem Khaskheli,
Allah Bachayo Soomro
|
| Petitioners |
ABDUL AZIZ
|
| Respondents |
others,
MUHAMMAD NASIR
|
| Citations |
2014 SLD 1371,
2014 YLR 298
|
| Other Citations |
Anwar Ahmed v. Mst. Nafis Bano 2005 SCMR 152,
Syed Muhammad Umer Shah v. Bashir Ahmed 2004 SCMR 1859,
Mst. Tahira Sultana v. Mir Usman Ali and another SBLR 2013 Sindh 409
|
| Laws Involved |
Specific Relief Act
|
| Sections |
S. 12
|